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How Long Do I Have to File a Wrongful Death Action for My Loved One’s Mesothelioma Death?
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How Long Do I Have to File a Wrongful Death Action for My Loved One’s Mesothelioma Death?

| May 4, 2019 | Uncategorized |

If your loved one passed away due to mesothelioma, you have one year to file a wrongful death claim under California law. There were nearly 4,300 fatalities due to mesothelioma in California from 1999 to 2015, which is around 11 deaths per million people. This rate is higher than any other state, due largely to the widespread industrial use of asbestos, which causes the condition, as well as the abundance of natural asbestos deposits in the state.

It is the mining of this naturally occurring deposits of asbestos that has led, at least in part, to the overwhelming number of asbestos-related diseases in the state. According to the U.S. Geological Survey, there are 306 asbestos sites across California, many of them mining operations. Asbestos from these mines is not only a health danger for those who mined them, but also to industries that make use of asbestos for its durability and resistance to heat. Shipyards and people who work in the ship-building industry, oil refineries, manufacturing and power plant workers are all at risk of past exposure.

Workers who have been subjected to asbestos on the job may be able to claim their part from the asbestos trust that was established in previous decades by companies who used asbestos in their operations. In California, the time is limited to file a claim. Survivors or their families have just a year following the date of death to file a claim. In addition, California has specific rules when it comes to claims involving asbestos exposure. Because of this, it is important to reach out to an experienced Montebello wrongful death attorney as soon as possible following your loved one’s passing. Contact the Hayes Law Firm today to preserve your right to collect damages for the early death of your loved one.

Family, including spouses, children and parents, of those who died from asbestos-related disease, including mesothelioma, have a right to collect damages that may include:

  • Final burial and medical expenses for their loved one
  • Loss of companionship or consortium
  • Monetary loss due to decreased earnings in the home due to the death
  • Emotional and mental anguish
  • Other expenses as determined by a court of law

Most of these lawsuits result in high-value settlements, so it makes sense to hire an attorney with experience in this area of the law to represent your family’s interests.

Next Steps

Each year, millions of workers are unwittingly exposed to asbestos due to the reckless negligence of employers and companies. As a surviving loved one, you have the legal right to collect compensation for the death of a worker diagnosed with mesothelioma. Time is limited, and the process of filing an asbestos-related claim is complex. Trust the Hayes Law Firm and our team of Montebello wrongful death attorneys to represent your interests to the fullest. Call us at 323-477-1415 to set up a confidential, no-cost review of your case now.